Mediation in Civil Disputes (ÖHDR-391) | GSÜ

Content

Objective

The aim of this course is to teach out-of-court solutions at an expert level in resolving private law disputes, and to discuss current problems and solution proposals on the subject.

In this context, the objectives of the course are to examine alternative dispute resolution methods, to understand mediation in all its stages, to discuss the concept of compulsory mediation, to be aware of the relevant Supreme Court jurisprudence and to analyze them effectively.

Apart from this, this course enables the student to develop and deepen their knowledge of the concepts and institutions or methods related to mediation; It is aimed for the student to understand and make connections between mediation and fundamental rights and freedoms, and to use the knowledge gained in this field in the analysis of issues and problems related to legal theory and practice.

Course Content

Historical development of role of the parties and the judge in the administration of proofs in civil jurisdiction
the relationship between the administration of proofs and proving activity
Relation with basic concepts of civil procedure law
Relation with dominant principles of civil procedure law
Determination the time of presentation of evidence
Relation with concentration principle
Bill
Duty to cooperate in the taking of evidence
Oath
Judgement
Witness
Expert
Discovery
Other related topics

Course Learning Outcomes

Students who complete this course will learn mediation, one of the out-of-court dispute resolution methods, within the framework of current court precedents and new regulations, and will have in-depth knowledge of the discussions and doctrinal views on the subject.

Teaching and Learning Methods

Oral

References

Pekcanıtez Hakan/Özekes Muhammet/Akkan Mine/Taş Korkmaz Hülya (Editörler), Pekcanıtez Usûl Medenî Usûl Hukuku, 15. Bası, İstanbul 2017.
Kuru Baki, İstinaf Sistemine Göre Yazılmış Medenî Usûl Hukuku Ders Kitabı, İstanbul 2017.
Bolayır Nur, Hukuk Yargılamasında Delillerin Toplanmasında Tarafların ve Hâkimin Rolü, İstanbul 2014.
Teomete Yalabık Fulya, İngiliz ve Amerikan Hukuklarında Vakıaların Getirilmesi ile Delillerin Toplanmasında Hakimin Rolü ve Türk Hukuku Bakımından Değerlendirilmesi, İstanbul 2016
Arslan Aziz Serkan, 6100 Sayılı Hukuk Muhakemeleri Kanunu Çerçevesinde Medeni Usul Hukukunda Delillerin Toplanması ve Doğrudanlık İlkesi, Ankara 2012.

Weekly Contents

Theory Topics
Week	Weekly Contents
1	Concept of Alternative Dispute Resolution
2	Objective of Alternative Dispute Resolution
3	Disputes that can be resolved by alternative methods
4	Alternative Dispute Resolution Methods
5	Alternative Dispute Resolution in Turkish Law
6	Concept of Reconciliation
7	Notion of Mediation
8	Positive Aspects of Mediation
9	Application of Mediation as a Dispute Resolution Method
10	Legal Infrastructure on Mediation
11	Principles Governing Mediation
12	Mediation Activity and Process
13	Legal Nature of the Agreement Reached as a Result of Mediation
14	Mandatory Mediation

Assessment System

Contribution to Overall Grade
Activities	Number	Contribution
Contribution of in-term studies to overall grade	1	40
Contribution of final exam to overall grade	1	60
Total	2	100

In-Term Studies
Activities	Number	Contribution
Assignments	0	0
Presentation	0	0
Midterm Examinations (including preparation)	0	0
Project	0	0
Laboratory	0	0
Other Applications	0	0
Quiz	0	0
Term Paper/ Project	0	0
Portfolio Study	0	0
Reports	0	0
Learning Diary	0	0
Thesis/ Project	0	0
Seminar	0	0
Other	0	0
Total	0	0

Relation of Proficiency

No	Program Learning Outcomes	Contribution
No	Program Learning Outcomes	1	2	3	4	5
1	Recognizing positive norms in private law and being able to define and explain the principals of methodology,				X
2	Being able to determine, identify and restate legal problems,					X
3	Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy,					X
4	Being able to conduct academic researches on legal problems and to propose solutions,					X
5	Assuming responsibility individually or collectively for resolving complicated legal problems,					X
6	Being able to criticise positive norms of the law system,					X
7	Being able to explain technical legal knowledge in private law in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner,				X
8	Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals,					X
9	Being able to conduct comparative academic researches between different law systems,					X
10	Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem.				X

ECTS

Activities	Number	Period	Total Workload
Class Hours	14	2	28
Working Hours out of Class	14	6	84
Assignments	0	0	0
Presentation	2	20	40
Midterm Examinations (including preparation)	1	10	10
Project	0	0	0
Laboratory	0	0	0
Other Applications	0	0	0
Final Examinations (including preparation)	1	10	10
Quiz	0	0	0
Term Paper/ Project	0	0	0
Portfolio Study	0	0	0
Reports	0	0	0
Learning Diary	0	0	0
Thesis/ Project	0	0	0
Seminar	0	0	0
Other	0	0	0
Make-up	0	0	0
Yıl Sonu	0	0	0
Hazırlık Yıl Sonu	0	0	0
Hazırlık Bütünleme	0	0	0
Total Workload			172
Total Workload / 25			6.88
Credits ECTS			7